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CROOKS v. KANSAS CITY TITLE & TRUST CO.

No. 8949.

46 F.2d 928 (1931)

CROOKS, Collector of Internal Revenue, v. KANSAS CITY TITLE & TRUST CO.

Circuit Court of Appeals, Eighth Circuit.

February 10, 1931.

Attorney(s) appearing for the Case

E. J. Dowd, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C. (William L. Vandeventer, U. S. Atty., and Harry L. Thomas, Asst. U. S. Atty., both of Kansas City, Mo., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Thomas H. Lewis, Jr., Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., on the brief), for appellant.

Charles E. McCoy, of Kansas City, Mo. (Grant I. Rosenzweig, of Kansas City, Mo., on the brief), for appellee.

Before KENYON and BOOTH, Circuit Judges.

KENYON, Circuit Judge.

Appellee brought action in the United States District Court for the Western Division of the Western District of Missouri against appellant as collector of internal revenue for the Sixth district of Missouri, claiming that it was entitled to recover certain taxes it had paid under protest for the years 1921, 1922, and 1923, which had been erroneously assessed and collected as income and profit taxes for those years.

A jury was waived...

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